The Delhi High Court has been approached by several cricketers including two India cricketers currently playing for the Indian Premier League franchise Royal Challengers Bangalore to restrain online fantasy sports (OFS) platforms from minting and distributing Non-fungible Tokens (NFTs) with their images on it alongside a digital cricket collectible platform Rario. Appeals were filed before the Division Bench against a single-judge’s order of April 26 which held that OFS platforms can use names and images of cricketers and celebrities since such use is protected under the right to freedom of speech. Jofra Archer Set To Be Offered Annual Contract by Mumbai Indians, ECB To Take Permission From IPL Franchise To Select the Bowler for National Duty: Report.

As reported by Bar and Bench, Harish Salve, who is the senior advocate appearing for Rario, before a division bench of justices Manmohan and Saurabh Banerjee, put forward a point of a concept that has been misinterpreted commonly about where fair use ends and confidentiality begins. NFT uses personality of a player and the players working hard to make their persona valuable, have a complete right over them.

“By creating tradable cards, you (other OFS) have crossed a line. Because a tradable card is not based on a player’s performance, it is based on their persona,” he submitted. Salve mentioned in his submission, OFS platforms can use information of a player for building teams on their platforms but if they create an NFT, then that becomes a piece of property over which the player has the right and these platforms cannot trade those NFTs and earn profit without the consent of the player. “You can take the example of Sunil Gavaskar. If somebody today says that this is a Gavaskar signed bat and through digital means they take his signature, you are violating his privacy and it may also amount to passing off,” Salve added. 

Senior Advocate Mukul Rohatgi, who appeared for some of the players, cited an example of a bat signed by Sachin Tendulkar. “I am giving an example of a bat signed by Sachin. That bat has value because of Sachin Tendulkar’s autograph. Similarly, my photograph which is for somebody cannot be pirated by somebody else for trading. They cannot trade it without my consent,” he said. Jay Shah, BCCI Secretary, Visits Jammu & Kashmir; Reviews Developmental Activities of JKCA, Meets Officials and Young Cricketers.

Rohatgi also cited the example of Rinku Singh of Kolkata Knight Riders who has enjoyed a surge in his popularity in the ongoing IPL 2023, saying “There is a cricketer named Rinku Singh. He has become famous for hitting five sixes to win the match. Now, he is entitled to earn the money. He is entitled to use his persona.”

The Court also briefly heard the defendants (Striker and MPL) and the intervenors (All India Gaming Federation). The bench directed both the sides to file their written submissions within one week and listed the case for further consideration on May 23. On that day, the bench will deal with the appellants’ plea for interim injunction against the use of players’ NFTs.

 

 

(The above story first appeared on LatestLY on May 11, 2023 06:36 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).